By Timothy S. Donahue
Two pro-business lawmakers in Hong Kong have filed last-minute amendments aimed at softening the government’s sweeping new tobacco control bill, seeking to preserve flavored cigarettes and delay enforcement timelines as the legislation heads for debate this week.
The amendments, introduced by Liberal Party legislators Michael Lee Chun-keung and Peter Shiu Ka-fai, call for lifting the proposed ban on selling flavoured conventional tobacco products—except menthol—and shifting implementation to a “positive vetting” process, where lawmakers must approve changes before they take effect.
Legislative Council president Andrew Leung Kwan-yuen cleared the amendments for a vote, meaning they will be considered alongside the government’s package of 10 measures when lawmakers return from summer recess.
The Tobacco Control Legislation (Amendment) Bill is scheduled for second and third reading as early as Wednesday. It includes provisions that would make possession or use of alternative smoking products (ASPs)—such as e-cigarettes, heated tobacco sticks, or herbal cigarettes—in public spaces illegal beginning April 30, 2026, according to media reports. It would also ban the sale of flavored conventional products from the second quarter of 2027.
Shiu, the Liberal Party chairman, argued the government’s flavor ban risked discouraging tourism and hurting consumer choice. “We fully support the government’s control on tobacco, but we believe that banning flavored tobacco products could restrict tourists’ choices and create inconvenience for them,” he said Tuesday. He added that a positive vetting process would make the rollout of restrictions more practical.
Under the government’s plan, violations could carry heavy penalties. Anyone found with more than 5 milliliters of e-liquid or over 100 heated tobacco sticks could face fines up to HK$50,000 (US$6,400) and six months in prison. Smaller amounts would still draw fines of HK$3,000.
The government maintains the measures are critical to reducing Hong Kong’s smoking rate to 7.8% by the end of 2025, down from 9.1% last year—roughly 600,000 users. Health Minister Lo Chung-mau has pointed to Singapore’s strict laws as evidence that tough controls need not undermine tourism.
Industry pushback has found some allies in the legislature. Members of the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) said they would withhold judgment until hearing Lo’s latest position, while Jeffrey Lam Kin-fung, a commercial sector lawmaker and Executive Council member, indicated he would back the government’s plan outright.
Any amendments will require split voting, meaning they must pass majorities across the Election Committee constituency and both functional and geographical constituencies. That hurdle makes success uncertain for the Liberal Party’s proposals.
For the nicotine sector, Hong Kong’s bill represents one of the most aggressive regulatory pushes in Asia, aligning with regional moves to phase out alternative products. If passed, it would sharply restrict the availability of e-cigarettes, heated tobacco, and flavored combustible products in a city that has historically been viewed as a gateway market for the region.
